Scott W. Pink

Special Counsel

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A former general counsel for a major media company, Scott Pink brings an insider’s perspective to his broad-based practice. It’s what’s made him the lead outside advertising and marketing counsel to several well-known brands, and a sought-after resource on intellectual property, privacy and cybersecurity issues.

He advises technology, media, entertainment and a variety of consumer product and franchise companies on issues of intellectual property counseling; social media law; cybersecurity and privacy; and advertising, marketing, and promotions law.

Scott had led many privacy and security compliance initiatives worldwide for clients, including GDPR compliance, HIPAA compliance audits, compliance with financial security regulations (NYDFS) and security audits for cryptocurrency and blockchain companies. He is a thought leader on GDPR issues, having published articles in Cybersecurity Law Report and speaking at conferences hosted by the International Association of Privacy Professional.

Scott also has extensive experience in technology related transactions and other legal issues in the life science field. He has represented cutting edge life science, biotech and nutritional supplement companies on privacy and security policies and issues, product development agreements, tech transfer agreements with Universities, agreements with health care providers, collaboration agreements, patent licenses, marketing agreements, materials transfer agreements, manufacturing agreements,  marketing agreements and marketing compliance.

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Corporate & Government Experience

  • Vice President, General Counsel and Secretary, Prima Communications
  • General Counsel and Ex-Officio Board Member, Linking Education and Economic Development (LEED)

Honors & Awards

  • Recognized by Best Lawyers® 2020 for Information Technology Law in Silicon Valley, CA; Scott has been listed in Best Lawyers® since 2007.
  • Recognized for Intellectual Property in Northern California by Super Lawyers, San Francisco, and Law & Politics magazines
  • Voted a top attorney by the Sacramento Business Journal

Admissions

Bar Admissions

  • California
  • Illinois

Education

  • Harvard University, J.D., cum laude
  • Harvard University, B.A., magna cum laude

Professional Activities

  • Member of Intellectual Property Committee of California State Bar (1993 – 1997)
  • Past Chair of San Francisco Intellectual Property Section (1993 – 1996)
  • Chair of Sacramento Bar Association Intellectual Property Section (2014 to 2017)
  • Co-chair, American Bar Association Business Law Section, Cybersecurity & Privacy Task Force (2003 – 2005)
  • Chair, American Corporate Counsel Association Intellectual Property Committee (2003)
  • Advisory Committee, McGeorge School of Law Intellectual Property Law Program
  • Men’s Division Board of Governors, US Lacrosse (2009 – present)
  • President, Sacramento Valley Lacrosse Conference (2008 – present)
  • Founder and President, Granite Bay Youth Lacrosse Club (2004 – present)
  • General Counsel and Ex-Officio Board Member, Linking Education and Economic Development (LEED) (2006)
  • Director and Secretary, Eureka Youth Soccer Club (2001 – 2005)
  • Adjunct Professor of Law, UC Davis Law School, teaching Computers and the Law (1996 – 1997)

Author

  • “Smart Toys Under The Tree Raise Privacy Concerns,” Law360 (December 19, 2018)
  • “The Big Push for a Federal Privacy Law: What Does it Mean for State Regulators?” Government Technology (October 19, 2018)
  • “The Case for a Uniform Privacy Law,” Connected World (October 17, 2018)
  • “Countdown to GDPR Enforcement: Final Steps and Looking Ahead,” Cybersecurity Law Report (May 16, 2018), with Mallory Jensen and Amanda Bradley
  • “Five Months Until GDPR Enforcement: Addressing Tricky Questions and Answers,” Cybersecurity Law Report (December 20, 2017), with Hayley Ichilcik and Mallory Jensen
  • Chapter on “Using and Protecting Copyrighted Works on the Internet,”  Intellectual Property Law in Cyberspace (American Intellectual Property Law Association 2012 – 2016 Supplements)
  • “Privacy Policies,” Privacy and Security Law Report (July 5, 2004)
  • “Locked In,” Daily Journal (September 8, 2003)
  • “Cybersecurity: Public Disclosure,” Privacy and Security Law Report (June 30, 2003)
  • The Internet and E-commerce Legal Handbook, Random House (2001)
  • Defending the Software Infringement Case, 54 Am.Jur.Trials 261 (1995)

Speaker

  • “The California Consumer Privacy Act: Understanding Its Practical Impact,” LA Cyber Lab Security Summit (September 17, 2019)
  • “HIPAA Compliance in 2019: Are Changes Coming?,” The Knowledge Group (May 28, 2019)
  • “General Data Protection Regulation - Compliance Check,” Lexpert Business of Law (November 27th, 2018)
  • “GDPR’s New Data Protection Laws: Legal and Regulatory Compliance Strategies You Need to Know,” The Knowledge Group's The Knowledge Congress Live Webcast Series (July 2018)
  • Is the California Consumer Privacy Act Part of a Trend?,” Legal Talk Network’s Digital Detectives Podcast (July 2018)
  • “Operationalizing the GDPR - Sharing Best Practices,” International Association of Privacy Professionals’ San Francisco Bay Area KnowledgeNet Session (February 2018)
  • “Hot Topics & Best Practices in Advertising Law, Claim Substantiation and Self-Regulation,” 2018 NAD West Coast Conference (May 2018)
  • Chip Connect v. Calibur 11, et al. (E.D.Cal.). Lead attorney for plaintiff in copyright infringement, trade secret misappropriation and trademark infringement case which resulted in a preliminary injunction enjoining sale of defendants’ entire product line
  • Winstream v. C-Media (AAA arbitration). Successful defense of Taiwanese-based hardware manufacturer in claim for breach of intellectual property evaluation agreement
  • The Evercare Company, Lint Rollers, NAD Case #5139 (January 27, 2010). Lead attorney in successfully defeating challenge to #1 selling product claims
  • In the matter of Moran Foods Inc. dba Save-A-Lot (California Office of Administrative Hearings). Lead attorney in an administrative proceeding which overturned cease and desist order that client operated a franchise system under California law
  • Meridian Project Systems, Inc. v. Hardin Construction Company, LLC, et al. Lead attorney on software case involving claims of reverse engineering, copyright infringement, and unfair competition. Resulted in several published opinions on issues of first impression – 426 F. Supp. 2d 1101 (E.D.Cal. 2006) and 404 F.Supp.2d 1214 (E.D. Cal. 2005)
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Alerts and Publications

Getting Prepared for New York’s Expanded Security Breach and Data Security Requirements

November 18, 2019

Attorney General Xavier Becerra Releases CCPA Regulations Draft

October 15, 2019

The Group Behind the CCPA Aims to Strengthen it with a New Ballot Initiative

September 27, 2019

California Legislature Passes Amendments to Privacy Law

September 16, 2019

Blockchain Tech News: How Blockchain Fits in the Privacy Legal Landscape

September 2, 2019

Trademark Primer for New Companies

July 22, 2019

Consumer Data and Privacy: Nevada Gets a Jump on Opt-Out Rights

June 18, 2019

California Consumer Privacy Act Update: A Slow Road to Changing the Face of US Privacy Law

May 28, 2019

Cybersecurity Is an Affair of States Too

February 26, 2019

Illinois State Supreme Court Issues Important Decision on Standing Requirements Under Biometric Privacy Law

February 1, 2019

Data Privacy in a Post-Murphy Landscape

January 7, 2019

Smart Toys Under the Tree Raise Privacy Concerns

December 19, 2018

Venture-Backed M&A: Hot Topics and Recent Developments in 2018

November 5, 2018

The Big Push for a Federal Privacy Law: What Does it Mean for State Regulators?

October 19, 2018

DOJ Revises Guidance on Responding to Cyber Incidents

October 11, 2018

California Amends Its New Privacy Law – Understand the Key Changes

October 1, 2018

California Legislature Passes Sweeping Privacy Law

June 29, 2018

GDPR Enforcement: Looking Ahead

May 31, 2018

The Long Arm of Cyber Law: How the CLOUD Act Expands Government Access to Overseas Data

May 14, 2018

Preparing for the General Data Protection Regulation (GDPR)

April 10, 2018

SEC Supplements 2011 Cybersecurity Disclosure Guidance

February 28, 2018

GDPR Enforcement on the Horizon: Addressing Tricky Questions and Answers

January 10, 2018

California Implements Stricter Auto-Renewal Law for 2018

December 26, 2017

In the News

Law360: Why Businesses Shouldn't Sleep On Nev.'s Privacy Law

October 18, 2019

The Wall Street Journal: Stadium Weeds Out Disruptive Fans With Facial Recognition

September 5, 2019

Daily Journal: Clark Pest Control

May 21, 2019

IP Pro: Silencing the Guns—An End to the European War over Copyright Reform?

May 17, 2019

CNBC.com: Europe’s Sweeping Privacy Rule was Supposed to Change the Internet, but So Far it’s Mostly Created Frustration for Users, Companies, and Regulators

May 5, 2019

The Recorder: Will the EU’s New Copyright Law Bring Clarity or Chaos?

May 1, 2019

Law360: Behavioral Design Could Be Privacy Law's Next Frontier

April 19, 2019

The Privacy Advisor: Who Should Enforce a US Federal Privacy Law?

February 26, 2019

Corporate Counsel: Former Prima Games General Counsel Says Internet-Connected Toys May See More Regulatory Update

February 15, 2019

USBettingReport.com: A Sense of Security with Expert Scott Pink

February 1, 2019

Global Legal Chronicle: II-VI Incorporate’s $3.2 Billion Acquisition of Finisar

December 29, 2018

Global Legal Chronicle: VMware’s Acquisition of Heptio

December 29, 2018

CBS This Morning: Parents Concerned Internet-connected Toys Put Kids’ Privacy at Risk

December 26, 2018

The Deal: VMware Hones Skills with Heptio Acquisition

November 7, 2018

Bloomberg Law: New Illinois Attorney General Ready for Biometric Privacy Fight

November 7, 2018

Law360: Federal Privacy Law May Need Bigger Boost than Midterms

November 2, 2018

CIO Dive: As Federal Policy Lags, State Legislative Pipeline Is More Important for CIOs

October 29, 2018

Law360: SEC Not Satisfied With Existence of Cybersecurity Policies

October 5, 2018

Law360: Existence Of Cybersecurity Policies Not Enough For SEC

September 28, 2018

Wine Business Group: O’Melveny Represents Truett-Hurst in Sale of Wholesale Wine Business

August 20, 2018

Pink Discusses California Consumer Privacy Act with Digital Detectives Podcast

July 25, 2018

Press Releases

O’Melveny Represents SMART Global Holdings in Acquisitions of Artesyn Embedded Computing and Inforce Computing

July 9, 2019

O’Melveny Advises WeWork on Acquisition of Waltz

July 2, 2019

O’Melveny Advises Booking Holdings Inc. in Agreement to Acquire Venga

May 6, 2019

O’Melveny Advises Clark Pest Control of Stockton, Inc. in Sale to Rollins, Inc.

May 3, 2019

O’Melveny Acts for Clark Pest Control in Sale to Rollins, Inc.

January 9, 2019

With O’Melveny as Advisor, Avid is Acquired by Sophos

January 8, 2019

O’Melveny Represents Finisar in US$3.2 Billion Agreement to be Acquired by II-VI Incorporated

November 9, 2018

O’Melveny Advises VMware on Purchase of Heptio

November 6, 2018

O’Melveny Represents HID Global in Crossmatch Acquisition

September 24, 2018

O’Melveny Represents Truett-Hurst in Sale of Wholesale Wine Business

August 15, 2018

Nearly 40 O’Melveny Lawyers Named to Best Lawyers in America® 2019

August 15, 2018

O’Melveny Represents Cedexis in Acquisition by Citrix

February 12, 2018

O’Melveny Represents Mezi in Sale to American Express

January 30, 2018

Events